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Compliance-by-carrot trumps compliance-by-stick

By Jonathan Hyman on September 6, 2018
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Democratic administrations are about enforcement.

Republican administrations are about education.

The endgame is still enforcement, but each side approaches this goal very differently.

This dichotomy might be an oversimplification, but, in at least in contrasting the Obama Administration to the Trump Administration, it is very true.

If you search the archives of this blog from Jan. 2009 through Jan. 2017, you’ll find myriad examples of President Obama’s administrative agencies using its resources enforce laws to penalize employers for violations.

The Trump Administration, on the other hand, is using its resources to educate employers about avoiding violations.

The U.S. Department of Labor recently created a brand new Office of Compliance Initiatives (OCI). It will “promote greater understanding of federal labor laws and
regulations, allowing job creators to prevent violations and protect
Americans’ wages, workplace safety and health, retirement security, and
other rights and benefits.”

Part of the OCI’s mission is to provide “employers and workers with access to high-quality, up-to-date
information about their obligations and rights under federal labor laws
and regulations.” To this end, the OCI launched two new websites to help employees and employers answer compliance questions: Worker.gov and Employer.gov. Each offers a wealth of materials discussing compliance under myriad federal laws, including the FLSA, NLRA, OSHA, and Title VII (and other non-discrimination statutes).

Make no mistake, the government will still go after serious offenders, but at least for the next two-plus years, employers should be taking full advantage of the government’s focus on education.

* Photo by Daiga Ellaby on Unsplash

     

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Photo of Jonathan Hyman Jonathan Hyman
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor
…
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor practice group and its Craft Beer practice group, and serves on the firm’s Board of Directors. Jon works closely with clients on all aspects of labor and employment law, providing proactive solutions to prevent issues and a strong defense in litigation when conflicts arise.
As outside in-house counsel, Jon is the go-to advisor businesses call when they need help with employee terminations, drafting policies, handling leave or accommodations, or navigating tricky internal complaints. He also brings deep expertise in areas like wage and hour compliance, workplace technology issues, and union avoidance. Jon builds lasting partnerships with his clients, understanding their unique challenges and helping them achieve long-term compliance and success
When it comes to litigation, Jon stands up for businesses in disputes over discrimination, harassment, wrongful discharge, non-competes, trade secrets, wage and hour issues, and union matters. Jon works with his clients to craft targeted defense strategies that protect their interests and aim for resolutions that support their broader business goals.
Jon also leads the firm’s Craft Beer practice, where he helps breweries, brewpubs, taprooms, and other craft beer businesses tackle their unique legal and regulatory needs.
Jon writes the award-winning Ohio Employer Law Blog, which the ABA Blawg Hall of Fame recognized for its daily insights on labor and employment law. His updates help his clients, HR professionals, and other business leaders stay ahead of labor and employment law changes that impact their daily operations.
Read more about Jonathan HymanEmailJonathan's Linkedin Profile
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  • Posted in:
    Government and Public Policy
  • Blog:
    Ohio Employer Law Blog
  • Organization:
    Wickens Herzer Panza
  • Article: View Original Source

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